Opinion FlashJanuary 27, 2004Volume 10 — Number 017 Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion. This Issue (IN THIS ORDER):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel BOBBY L. BLAYLOCK v. DACCO, INC., ET AL. Court:TSC - Workers Comp Panel Attorneys: Randolph A. Veazey, Nashville, Tennessee, for the appellants, Dacco Inc., and Zurich Insurance Company Jon E. Jones, Cookeville, Tennessee, for the appellee, Bobby L. Blaylock Judge: BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court found that the plaintiff's respiratory conditions did arise out of the scope and course of his employment. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/blaylockbobby.wpd FREDERICK J. JACKSON v. PACCAR, INC. d/b/a PETERBILT MOTORS COMPANY Court:TSC - Workers Comp Panel Attorneys: Terry L. Hill, Nashville, Tennessee, for the appellant, Paccar, Inc. d/b/a Peterbilt Motors Company Jay R. Slobey and Michael Hornback, Nashville, Tennessee, for the appellee, Frederick Jackson Judge: BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with TENN. CODE ANN. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the defendant/appellant argues that the trial court erred in finding that the plaintiff/appellee sustained his carpal tunnel injuries while he was employed with the defendant/appellant, and the defendant/appellant also argues that the trial court's assignment of a 12.5 percent vocational disability is excessive. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/jacksonfrederick.wpd JOANNA SWIGER v. NASHVILLE UNION STOCKYARD RESTAURANT CO., INC. Court:TSC - Workers Comp Panel Attorneys: W. I. Howell Acuff, of Cookeville, Tennessee, for the appellant, Joanna Swiger. David J. Deming, of Nashville, Tennessee, for the appellee, Nashville Union Stockyard Restaurant. Judge: BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with TENN. CODE ANN. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issues involved in this appeal are whether the plaintiff, Joanna Swiger, had waived her right to seek reconsideration pursuant to TENN. CODE ANN. S 50-6-241(a)(2), and whether Ms. Swiger made a reasonable attempt to return to work. http://www.tba.org/tba_files/TSC_WCP/swigerjoanna.wpd VIRGINIA SYKES v. SATURN CORPORATION Court:TSC - Workers Comp Panel Attorneys: Thomas H. Peebles, IV, and Terrence O. Reed, Nashville, Tennessee, for the appellant, Saturn Corporation J. Anthony Arena, Nashville, Tennessee, for the appellee, Virginia Sykes Judge: BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with TENN. CODE ANN. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the defendant/appellant, Saturn Corporation, argues that there is no evidence that the permanency of plaintiff/appellee's plantar fasciitis and Morton's neuroma was caused by her employment, and that the plaintiff/appellee's condition of lupus was not caused by her employment. http://www.tba.org/tba_files/TSC_WCP/sykesvirginia.wpd JERRY LYNN WRIGHT v. STATE OF TENNESSEE Court:TCCA Attorneys: Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Jerry Lynn Wright. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Zane Scarlett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Jerry Lynn Wright, appeals the dismissal of his petition for post-conviction relief, alleging that the post-conviction court erred in finding that his guilty plea was knowing and voluntary and that he received effective assistance of counsel. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/wrightj.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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